Topic 1 Week 2

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27/02/2013

LAW302/9302 Law of Business Organisations
Gabriel Garcia

Tutor
– Room: 67. 238 – Email: ggarcia@uow.edu.au – Consultation times:

Topic 1: Introduction to the Law of Business Organisations Seminar (Week 2)

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Using the Learning Resources in this subject
Your weekly study program: 1. 2. Read the workbook, noting the learning objectives Do the prescribed reading, recording – – 3. 4. 5. your reflections on the learning activities and seminar questions, and your comments and queries

Themes in the Law of Business Organisations
• The objectives of LAW302 & LAW9302 identify what we will be doing during the session in very broad terms. • These objectives are a starting point in examining the themes of the subject, which we will build on throughout the session. 2/27/2013 Judith Marychurch

Do the quiz questions and go back to steps one and two to clarify any uncertainties Attend the lecture and/or seminar Actively participate in the seminar, including by – – contributing to group work engaging in discussion by actively listening and expressing your views

6.

Reflect on your learning by answering the questions in the workbook. Identify the steps you will take to resolve any remaining uncertainties.

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Judith Marychurch

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Learning Outcomes
• On successful completion of this subject, students will be able to: – – – – apply the law of business organisations to identify and solve problems recognise social values reflected in the law of business organisations recognise social issues raised by the law of business organisations articulate their views on the law of business organisations and its operation in society.

Assessment Tasks

• • • •

Problem question test (10%) Week 5 Essay (20%/30%) Week 9 Multiple choice test (20%/10%) Week 11 Seminar presentation OR class participation (10%) • Open-book final examination (40%)

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Judith Marychurch

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Introducing your classmates… 1. Draw a picture of what you think the subject will be about. 2. Explain to one of your classmates what your drawing means.

Issues to consider
• Is business activity (generally, and specifically) good for society? – What might affect our perceptions of what is ‘good’?

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Judith Marychurch

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Purpose
• Why do people combine for business and other activities?

Problems
• What problems may arise when people do combine for business or other activities? – What happens if they disagree on how to manage the resultant association?

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Judith Marychurch

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Judith Marychurch

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Outside or third parties
• If an association, as it inevitably will, deals with an outsider, eg. by entering into a contract, and does not fulfil its obligations who does the outsider seek payment from?

Business failure
• What happens if the members of an association want to cease collective activity, eg. due to insolvency? – How do we protect those with whom the association has been dealing, eg. creditors?

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Judith Marychurch

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Judith Marychurch

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James Hardie
• The problem: asbestos
– Exposure may lead to development of diseases such as asbestosis, mesothelioma – Link between asbestos exposure & disease first noted in 1st century AD. The first modern documented death resulting from asbestos was recorded in UK in 1906. – Development of symptoms may occur decades after exposure (20-50 or more years after exposure)

Liability
• James Hardie has faced liability for tort claims in relation to exposure to asbestos since the 1970s. • Each year more than 600 new cases of mesothelioma are diagnosed. • Approximately 2000 claims had been made against James Hardie by 2001 • This figure will grow, but we don’t know by how much; some estimates say up to 40,000 Australians will be affected by 2020. • The Australian government set up the...
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